R v DAWSON [2000] NSWCCA 399

New South Wales Court of Criminal Appeal

CITATION : R v DAWSON [2000] NSWCCA 399 FILE NUMBER(S) : CCA 60625/99 HEARING DATE(S) : 9 October 2000 JUDGMENT DATE : 18 December 2000

PARTIES : Regina Khan John Dawson JUDGMENT OF : Hulme J at 1; Barr J at 64

LOWER COURT JURISDICTION : District Court 97/11/1068 LOWER COURT FILE NUMBER(S) : 97/11/1086 98/11/0173 LOWER COURT JUDICIAL Freeman DCJ OFFICER :

COUNSEL : Crown: RD Cogswell SC Appellant: P Byrne SC SOLICITORS : Crown: SE O'Connor Appellant: Alan B King

DECISION : Leave to appeal against sentence allowed; Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL No 60625 of 1999 HULME J BARR J Monday, 18 December 2000 REGINA -v- Khan DAWSON JUDGMENT 1 HULME J: On 1 October 1999 the Applicant was sentenced by Judge Freeman in respect of a number of offences. In abbreviated form, they are set out in the following table. Also set out are the sections of the Crimes Act relevant and the maximum penalties prescribed for each offence under that section, and the penalties in fact imposed, together with an indication, where appropriate, of sentences made concurrent.

No Offence Section and max penalty Sentence imposed 1 Between 15 August 1990 and 3 April 1992 having sexual intercourse with LO, then a child aged between 10 and 16, to wit, 14 or 15. s66C - 8 yrs 2 years conc. With 2 2 Between 15 August 1990 and 3 April 1992 having sexual intercourse with LO, then a child aged between 10 and 16, to wit, 14 or 15. s66C - 8 yrs 2 years conc. With 1 3-6 On 26 December 1992 having sexual intercourse without consent with SW, knowing she was not consenting. s61I - 13 yrs Taken into account in offence 12 7 Between 15 August 1990 and 3 April 1992 indecently assaulting LO in circumstances of aggravation namely that she was under 16 years, to wit 14 or 15 years. s61M(b) - 7 yrs Ditto 8 Between 3 January and 1 February 1996 indecently assaulting SM in circumstances of aggravation namely that she was under 16 years, to wit, 14 years old. s61M(b) - 7 yrs Ditto 9 Between 3 March 1996 and 1 June 1996 indecently assaulting SE in circumstances of aggravation namely that she was under 16 years, to wit, 15 years. s61M9b) - 7 yrs Ditto 10 Between 28 February and 1 December 1995 indecently assaulting TD. s61L - 5 yrs 1.5 yrs conc. With 11 11 Between 28 February 1995 and 1 March 1996 indecently assaulting TD. s61L - 5 yrs 1.5 yrs conc. With 10 12 On or about 27 or 28 March 1996 unlawfully administering to TD a stupefying drug viz benzodiazepine with intent to commit an indictable offence namely an indecent assault. s38 - 25 yrs 4 yrs minimum 3 yrs additional 13 Between 1 and 31 January 1997 indecently assaulting RP in circumstances of aggravation, viz. that she was under 16 years, to wit, 14 or 15. s61M - 7 yrs 1 year 14-22 Between December 1996 and March 1997 having sexual intercourse with RP a person then aged 14 or 15 and under his authority. s66C(2) - 10 yrs 3 years conc. With each other